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Questions Answered by Richard Carl Perry Jr.
1 Answer | Asked in Criminal Law for Alabama on
Q: Does alabama have a three strikes law for petty theft
Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 20, 2013

Alabama has a habitual offender which applies to felonies. It does not sound like you have a felony so you should not have anything to worry about.

1 Answer | Asked in Criminal Law for Alabama on
Q: Malicious Charge Filing. 1st Degree Felony Theft of Property ($6,000) Need An Opinion.

Approx. 4 months ago the company I worked for as a restaurant general manager said they were missing nearly $6,000.00 in deposits. An 2-hour "investigation" by the local police detective division resulted in suspicion/blame being leveled against me. I resigned. After my departure the business... Read more »

Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 20, 2013

In these types of cases, the state is actually the one who brings the charges and prosecutes. It is very likely in your case that the prosecutor would go before the grand jury in order to secure an indictment. If the grand jury issues an indictment, you would be arrested and expected to defend... Read more »

1 Answer | Asked in Juvenile Law for Alabama on
Q: What is the age of majority in alabama?
Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 20, 2013

The age of majority is 19 in the State of Alabama. However, you can become emancipated at the age of 18 in some instances which gives you the rights as if you had already attained the age of majority.

1 Answer | Asked in Divorce for Alabama on
Q: What rights for alimony do I have as full time student,not working,1 child.?
Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 20, 2013

There are several factors that come into play when arguing for alimony. What is the length of the marriage? The longer you have been married, the greater your chances of getting alimony. Of course, this is not the only thing to consider. What is your spouse's level of education, or, what kind... Read more »

2 Answers | Asked in Divorce for Alabama on
Q: Can I ask for a extention of the Alimony payments since it will take longer to graduate College and be able to findjob?
Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 18, 2013

You can always petition the Court to ask them to extend alimony payments. In order to be successful, you will have to show that there is a need and that the individual has the ability to pay. Of course, your argument would be that he has been able to pay, thus far, and that he should be able to... Read more »

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1 Answer | Asked in Family Law for Alabama on
Q: My daughter and I live in Az, my ex Al. Can he sign away his parental rights in Al and not pay support?
Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 10, 2013

Were you divorced in Alabama or Arizona? There are some procedural rules that have to be considered. If you were divorced in Alabama, you would likely file here. However, if you were divorced in Arizona, it would probably be easier to file there. It would also depend on how many years you have... Read more »

1 Answer | Asked in Family Law for Alabama on
Q: When does guardianship terminate?

Help me

Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 10, 2013

Is it temporary guardianship? It would probably be a little easier to help you if you were able to provide a little more information. Give me a call to discuss your concerns. I would be happy to talk to you.

1 Answer | Asked in Family Law for Alabama on
Q: In the state of alabama how old do you have to be to move out?

Both of my parents are dead and i live with my aunt and uncle and i dont want to live there anymore

Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 10, 2013

You are considered to be a minor until you reach the age of 19 in the State of Alabama. However, depending on the circumstances, you may be emancipated at the age of 18. Give me a call to discuss your situation. I would be happy to help.

1 Answer | Asked in Family Law for Alabama on
Q: How do I know if I have a case? I feel like i have been dealt a great injustice
Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 10, 2013

Call an attorney to discuss your concerns. Most do not charge an initial consultation fee. I would be happy to discuss your legal concerns with you. Give me a call.

1 Answer | Asked in Family Law for Alabama on
Q: What if a adult was giving my minor child tobacca can i report that
Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 10, 2013

Yes, you can report it. You would either contact the police department and file a report or go to the Court and speak to someone in the prosecutor's / DA's office.

1 Answer | Asked in Family Law for Alabama on
Q: Can I relinquish rights to adopted children?
Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 10, 2013

Yes, you can file a petition to terminate your rights. However, if the children depend on your for any type of child support, it would be a pretty tough to succeed. I have represented hundreds of family law cases across the State of Alabama and would be happy to discuss your legal options with... Read more »

1 Answer | Asked in DUI / DWI for Alabama on
Q: Can I file lawsuit against a city, after signing a waiver that I wouldn't?

I was charged with a DUI, and the prosecution had no evidence, and finally dropped the charges 18 months later. However, they said they would only drop the charges after i signed a waiver. Isn't that extortion?

Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 10, 2013

No, this is no extortion. This is typically something the prosecution will do to keep you from bringing a suit against them at a later date. It is perfectly a good trade off -- "We won't sue you if you don't sue us..." If the prosecution tried to, at a later date, bring charges against you for... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: How long does the state have to give you to dispute lab results?
Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 10, 2013

In order to answer your question, I would need a little more information? Has the State already brought charges against you? If so, there are various motions you would want an attorney to file on your behalf. One is typically a Motion to Suppress the Evidence -- especially if it will proceed to... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: If someone broke into a school with no fored entry,stole nothing and vandalized nothing, does that classify as a felony
Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 8, 2013

I could. It just depends on the type of charge the state decides to pursue. If you want to give me a call to discuss your case, I would be happy to talk to you.

1 Answer | Asked in Municipal Law for Alabama on
Q: How can I find out when the grand jury meets in my county?
Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 8, 2013

Call the DAs office and ask the next time the grand jury will meet.

1 Answer | Asked in Family Law for Alabama on
Q: I was awarded temporary custody of my granchild in alabama but daughter the mother of child fled to florida with child.

I need advise on how to get florida to assist me to get my grandchild.

Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 8, 2013

If you have a Court Order granting you custody of your grandchild, you should immediately contact the police or the DAs office. Your daughter has committed kidnapping and the authorities can take care of this for you.

1 Answer | Asked in Divorce for Alabama on
Q: If I want to file for an uncontested divorce where can I get the forms for free?
Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 8, 2013

It would be my suggestion that you would go ahead and pay a little money for an attorney to represent your uncontested divorce. You have to keep in mind that "you get what you pay for." Even in an uncontested divorce, there are still mandatory forms you would file regarding child support even if... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: Does a man have to pay alimony to wife if they have been separated 5 years and they get a divorce ?
Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 2, 2013

Of course, this is going to depend on the needs of the wife. You have a good argument NOT to pay alimony since you have been separated as long as you have. In other words, she has lived without your support for the last five years, therefore, she can continue to live without your support.... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: My husband beat me the whole marriage plus some. How do I go about not letting him know where I stay now or my phone #?
Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 2, 2013

The only reason you would have to let him know where you live or your telephone number is if there are children involved. He has a right to know where his children are and he has the right to talk to them on the telephone. However, there are safety nets in place if the abuse is continuing to... Read more »

1 Answer | Asked in Divorce for Alabama on
Q: Should i invite my father, who had disowned me as a daugher, to my high school graduation? he's currently divorcing mom.

My mom and dad are getting a divorce. and the divorce is really nasty. he doesn't obey the court's orders to support me and has completely disregarded my needs. should i still invite him? or will it be used against me?

Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 2, 2013

This is a touchy subject. In a typical settlement agreement, the Plaintiff and Defendant agree to keep the other notified of any activities, such as graduation, that the children are involved in. If your parents have not yet gotten a divorce and dad is not invited to the graduation, he could... Read more »

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